证监会明确监管措施实施程序

Core Viewpoint - The China Securities Regulatory Commission (CSRC) has released the "Implementation Measures for Supervision and Administration of Securities and Futures Markets," which aims to further standardize the procedures for implementing regulatory measures in the securities and futures markets [1][4]. Group 1: Types of Regulatory Measures - The "Implementation Measures" specifies fourteen common types of regulatory measures, including orders for correction, regulatory talks, warning letters, and orders for regular reporting [2]. - It includes a catch-all provision for other supervisory measures as defined by laws, administrative regulations, and CSRC rules [2]. Group 2: General Procedural Requirements - The implementing agency must document the collection of evidence, decisions, and notifications related to regulatory measures [2]. - Regulatory measures requiring on-site enforcement must be carried out by at least two qualified enforcement personnel [2]. - If a violation is not discovered within two years, the agency generally will not take regulatory measures unless specified otherwise by law or if the effects of the violation have not been eliminated [2]. Group 3: Special Procedural Requirements - The agency must provide prior notice to the parties involved, informing them of the type of measures to be taken, the facts, reasons, legal basis, and their rights to make statements or defenses [3]. Group 4: Emergency Response Mechanism - In urgent situations that severely threaten financial order or public interest, the agency can take immediate action without prior notice, subject to approval from the main responsible person [3]. Group 5: Decision-Making and Execution Requirements - The regulatory decision document must specify certain items, including public disclosure requirements and procedures for delivering the decision [3]. - Parties dissatisfied with the regulatory decision can apply for administrative reconsideration or file a lawsuit directly [3]. Group 6: Principles of Lawfulness, Efficiency, and Fairness - The "Implementation Measures" is a response to the need for a law-based government and aims to enhance the standardization of regulatory enforcement [4]. - It emphasizes timely correction of violations and risk prevention while maintaining market order [5].